The appellant is not seeking costs of the appeal but reserves the right to seek his costs of the motion giving rise to the
appeal. We have been provided with no information about the
costs order that was made. If the parties are unable to agree on
costs, the appellant should provide brief written submissions
within 14 days of release of this judgment. The respondent will
have seven days to respond to those submissions.
KEY STATUTORY PROVISIONS AND REGULATIONS
Assisted Human Reproduction Act, S.C. 2004, c. 2
2. The Parliament of Canada recognizes and declares that
(d) the principle of free and informed consent must be promoted and
applied as a fundamental condition of the use of human reproduc-
3. The following definitions apply in this Act.
(b) in relation to an in vitro embryo, a donor as defined in the regulations.
Use of reproductive material without consent
8(1) No person shall make use of human reproductive material for the purpose of creating an embryo unless the donor of the material has given written
consent, in accordance with the regulations, to its use for that purpose.
Posthumous use without consent
(2) No person shall remove human reproductive material from a donor’s
body after the donor’s death for the purpose of creating an embryo unless the
donor of the material has given written consent, in accordance with the regulations, to its removal for that purpose.